If Vericatch, in its sole discretion and without notice, considers that there is an immediate security or operational risk to the Service or any of its, your or a third party system, then Vericatch may immediately suspend access to or use of the Service. The suspension of use and access is not a breach of the applicable Service agreement. You acknowledge that the preservation of security, confidentiality and data is paramount. Vericatch has no liability to you for suspending the Service under this provision.
You hereby grant to Vericatch a perpetual, worldwide, non-exclusive, irrevocable, royalty-free license to collect, use, reproduce, process, manipulate and display your Catch Data in an aggregated and anonymized format (“Aggregated Data”), and to use such Aggregated Data to develop and improve Vericatch’s systems and proprietary technology and enhance the Site and Service, and for such other purposes as may be agreed to by you in writing. This may include sharing certain parts of your data with individuals or entities that you have agreed that we should share the data with, and that are required for us to provide the Service to you.
Your Profile Information and Account
If you sign up for an account in connection with your use of the Site and/or Service (“Account”), such Account may be set up by supplying a unique user identification name and password (together, the “User ID”). You agree and understand that you are responsible for maintaining the confidentiality of your User ID. That User ID, together with any or other user information you provide, including but not limited to your name, email address, telephone number and credit card or other acceptable payment method information, will form your “Profile Information” and allow you to access your Account. You will provide true, accurate, current and complete information about yourself, and you agree not to misrepresent your Profile Information. You represent and warrant to Vericatch that you have not misrepresented any Profile Information. You are responsible for any Profile Information that may be lost or unrecoverable through the use of the Site or Service.
Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity. You agree not to disclose your User ID to any third party. You are solely responsible for all activities that occur under your Account or under your Profile Information. If you become aware of any unauthorized use of your Account or Profile Information, you are responsible for notifying Vericatch immediately. It is your responsibility to update or change any Account or Profile Information, as appropriate.
In the case of any newsletter or other marketing initiatives, you can withdraw your consent to receiving those communications and unsubscribe to any Vericatch subscriptions at any time by clicking “Unsubscribe” at the bottom of such communication or by contacting email@example.com. Doing so may have a material impact on our ability to provide any Service to you, and we are not responsible if you do so.
Submission of Catch Data
The Site and the Service we provide enable you and in some cases your employees and subcontractors to provide or upload fisheries catch reporting information, including but not limited to messages, materials, data, text, commercial information, sound, photos, videos, graphics, applications, code and other information or content (collectively, “Catch Data”), to Vericatch for the purpose of providing the Service, including sharing your Catch Data with other users of the Service as you request or permit (the “Other Users”). You acknowledge and agree that you are solely responsible for all Catch Data you submit, provide or upload and the consequences for submitting, providing or uploading it.
Vericatch will use Catch Data you upload in connection with providing the Service to you and in some cases to any agreed Other Users. You agree that by uploading, or otherwise providing any Catch Data on or through the Site and/or the Service, you grant to Vericatch a perpetual, worldwide, non-exclusive, royalty-free license, with the right to sublicense to the agreed Other Users, to, in connection with providing the Service to you, use, reproduce, process and display all or any portion of such Catch Data. This license includes the right to host, index, cache or otherwise format your Catch Data in order to provide the Service.
You represent, warrant and covenant to Vericatch that:
- You own your Catch Data or have the necessary licenses, rights, consents and permissions to grant the license set forth herein and that its provision to Vericatch or Vericatch’s use thereof will not violate the copyrights, privacy rights, publicity rights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity; and
- All Catch Data you and your employees and contractors upload or submit through the Service or otherwise provide to Vericatch will be true, correct and accurate at the time it was uploaded, submitted or provided and you will promptly notify Vericatch in the even you or your employees and contractors determine that such information has become untrue, incorrect or inaccurate.
You agree that Vericatch is not responsible for any violations of any third party intellectual property rights or other rights in any Catch Data that you submit to Vericatch. You agree to pay all royalties, fees and any other monies owing to any person by reason of the Catch Data uploaded, displayed or otherwise provided by you to the Site.
Privacy Notice Statement (Canadian Users)
THIS CLAUSE IS ONLY APPLICABLE IF YOU USE THE SITE AND SERVICE TO SUBMIT CATCH DATA WITHIN CANADA
The information you provide through the Site and Service is collected under the authority of the Fisheries Act and the Fishery (General) Regulations for the purpose of administering the commercial fisheries under the jurisdiction of the Department of Fisheries and Oceans (“DFO”). The information may be used for compliance review, program planning or management, reporting, safety or security purposes, audit, evaluation, statistical, research, policy development, administration or enforcement of a law, the detection, prevention, or suppression of crime, and investigative purposes. You have the right to the correction of, access to, and protection of your personal information under the Privacy Act and to file a complaint with the Privacy Commissioner of Canada over DFO’s handling of your information. Personal information collected through the e-log application is described in the Personal Information Bank (PIB) DFO PPU 410. For more information, visit Info Source at www.infosource.gc.ca.
Acceptable Use and Conduct
You agree that you will not publish or make available any Catch Data that, or use the Site or Service in a manner that:
- infringes, violates or misappropriates any third party’s intellectual property or proprietary rights;
- contains software viruses, Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
- is libelous or defamatory, or that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or is invasive of another’s privacy;
- is harmful to minors in any way;
- is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by Vericatch;
- impersonates a Vericatch employee, or any other person, or falsely states or otherwise misrepresents your affiliation with any person or entity, or to obtain access to the Site or Service or a portion thereof without proper authorization;
- interferes or attempts to interfere with the proper working of the Site or Service or prevents others from using the Site or Service, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Site, or that otherwise negatively affects other persons’ ability to use the Site or Service;
- uses any manual or automated means, including agents, robots, scripts, or spiders, to monitor or copy the Site or Service or the content contained therein;
- facilitates the unlawful distribution of copyrighted Catch Data;
- except as expressly permitted by Vericatch, licenses, sublicenses, rents or leases the Service to third parties, or uses the Service for third party training, commercial time-sharing or service bureau use;
- includes personal or identifying information about another person in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Catch Data transmitted through the Site or Service to users;
- constitutes or contains any form of advertising or solicitation to users who have requested not to be contacted about other services, products or commercial interests;
- stalks or otherwise harasses anyone on the Site or using the Service or with information obtained from the Site or Service;
- collects, uses or discloses data, including personal information, about users without their informed consent or for unlawful purposes or in violation of applicable law or regulations;
- requests, solicits or otherwise obtains access to usernames, passwords or other authentication credentials from any user of the Site or Service for the purposes of automating logins to the Site;
- attempts to gain unauthorized access to the computer systems of Vericatch or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site or Service;
- posts adult or pornographic materials;
- decompiles or reverse engineers or attempts to access the source code of the software underlying the Site, the Service or any other Vericatch technology;
- copies, archives, stores, reproduces, rearranges, modifies, downloads, uploads, creates derivate works from, displays, performs, publishes, distributes, redistributes or disseminates all or any part of the Site or Service;
- accesses the Site or Service for the purposes of building a product using similar ideas, features, functions, interface or graphics as those found in the Site or Service;
- accesses the Site or Service for the purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes; or
- accesses the Site to upload any Catch Data or computer code for the purposes of: (i) causing a breach or override of security to the Site or Service; (ii) interfering with the proper working, functionality or performance of the Site or Service; or (iii) preventing others from accessing or using the Site or Service.
Disclaimer of Warranties
YOUR USE OF THE SITE OR SERVICE AND ALL CONTENT FORMING PART OF OR RELATED TO THE SITE OR SERVICE, INCLUDING ANY CATCH DATA YOU UPLOAD OR SUBMIT AND ANY THIRD PARTY SOFTWARE AND CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE SITE AND SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VERICATCH EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE OR SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.
VERICATCH DISCLAIMS ANY WARRANTY THAT THE SITE, THE SERVICE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY THIRD PARTY SOFTWARE AND CONTENT, WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT FROM TIME TO TIME VERICATCH MAY REMOVE THE SITE OR CEASE PROVIDING THE SERVICE FOR INDEFINITE PERIODS OF TIME WITHOUT NOTICE TO YOU. YOUR ACCESS AND USE OF THE SITE AND THE SERVICE MAY BE INTERRUPTED FROM TIME TO TIME FOR ANY OF SEVERAL REASONS, INCLUDING, WITHOUT LIMITATION, THE MALFUNCTION OF EQUIPMENT, PERIODIC UPDATING, MAINTENANCE OR REPAIR OF THE SITE OR SERVICE OR OTHER ACTIONS THAT VERICATCH, IN ITS SOLE DISCRETION, MAY ELECT TO TAKE. VERICATCH MAKES NO GUARANTEE REGARDING: (A) THE AMOUNT, TIMING AND DELIVERY OF ANY CLICKS OR IMPRESSIONS WITH RESPECT TO ANY CONTENT (INCLUDING THIRD PARTY CONTENT) OR ADVERTISING ON THE SITE OR SERVICE; OR (B) THE COMPATIBILITY OF ANY SOFTWARE, HARDWARE OR CONTENT WITH THE SITE OR SERVICE.
VERICATCH IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF, OR FOR THE FAILINGS OF, ANY THIRD-PARTY PROVIDER OF ANY CONTENT, SERVICE, NETWORK, SOFTWARE OR HARDWARE, INCLUDING BUT NOT LIMITED TO, INTERNET SERVICE PROVIDERS, HOSTING SERVICES UTILIZED BY VERICATCH, TELECOMMUNICATIONS PROVIDERS, CONTENT PROVIDED BY OTHER USERS, OR ANY SOFTWARE OR HARDWARE NOT PROVIDED BY VERICATCH.
You are solely responsible for ensuring that Your CATCH DATA is compatible with THE SITE AND SERVICE. Vericatch disclaims any liability or responsibility for any unauthorized use of Your CATCH DATA by third parties or OTHER Users of THE SITE AND SERVICE and is not responsible for protecting Your CATCH DATA.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VERICATCH OR THROUGH OR FROM THE SITE OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
THE SITE AND SERVICE ARE offered and controlled by Vericatch from its facilities in Canada. Vericatch makes no representations that THE SITE OR SERVICE ARE appropriate or available for use in other locations. Those who access or use THE SITE OR SERVICE from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Third Party Sites and Content
The Site may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under Vericatch’s control, and you acknowledge that Vericatch is not responsible or liable for any third party content, including but not limited to the accuracy, integrity, quality, usefulness, legality, appropriateness, safety or intellectual property rights of or relating to such third party content or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Vericatch or any association with its operators. You further acknowledge and agree that Vericatch will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third party content, goods or services available on or through any such website or resource. Access and use of third party sites, including the information, material, products and services on third party sites or available through third party sites, is solely at your own risk.
Exclusive Remedy and Limitation of Liability
YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, BREACH OF WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT, WILL VERICATCH OR ITS OWNERS, OFFICERS, DIRECTORS, AFFILIATES, CONTRACTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY ACTING ON YOUR BEHALF FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES OR THE COST OF ANY SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES (EVEN IF VERICATCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF OR YOUR INABILITY TO USE THE SITE OR SERVICE, OR FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF VERICATCH FOR ANY AND ALL CLAIMS IN CONNECTION WITH OR UNDER THIS AGREEMENT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES RECEIVED BY VERICATCH FROM YOU UNDER THIS AGREEMENT IN THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE THE CAUSE OF ACTION FIRST AROSE; AND (B) $100. IN NO EVENT WILL VERICATCH’S SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THIS AGREEMENT WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT. IN NO EVENT SHALL VERICATCH’S SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT. TO THE EXTENT ANY PROVINCE, STATE OR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, VERICATCH’S LIABILITY IN SUCH PROVINCE, STATE OR JURISDICTION WILL BE LIMITED TO THE FURTHEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING THE FOREGOING OR ANYTHING ELSE HEREIN TO THE CONTRARY, VERICATCH WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY ACTING ON YOUR BEHALF IN ANY WAY WITH RESPECT TO A TRIAL PROGRAM OR YOUR PROVISION OF AN INDIVIDUAL’S PERSONAL INFORMATION TO VERICATCH OR THROUGH THE SERVICE. YOU FURTHER AGREE THAT THE FOREGOING LIMITATIONS WILL APPLY WITH RESPECT TO THIRD PARTY LIABILITY OF ANY KIND.
THE FOREGOING LIMITATIONS WILL ALSO APPLY WITH RESPECT TO ANY DAMAGES INCURRED BY REASON OF ANY CONTENT OR SERVICE PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN VERICATCH AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SITE OR RECEIVED BY YOU ON ANY THIRD PARTY SITES. YOU ALSO AGREE THAT VERICATCH WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE.
Vericatch will have no liability whatsoever for any damages, liabilities, losses or any other consequences that you may incur as a result of any modification, suspension or discontinuance of the Site and/or the Service.
Waiver of Jury Trial and Class Action Rights
WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATED TO THE SITE, THE SERVICE AND/OR THIS POLICY: (I) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND (II) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.
Limitation of Time
You agree that you will not bring a claim under or related to this Policy more than 12 months from when your claim first arose.
You agree to indemnify, defend, and hold harmless Vericatch, and its subsidiaries, affiliates, co-branders, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives (together, the “Indemnified Parties”), from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) (collectively and individually, “Claims”) incurred by or made against the Indemnified Parties in connection with any Claims arising out of or relating to this Policy, the Site or the Service, including but without limitation in relation to: (a) your use, non-use or misuse of, or connection to the Site or the Service; (b) any Catch Data or other content you provide, including without limitation your Profile Information and any third party content forming part of the Site; (c) your violation or alleged violation of this Policy or your Agreement with Vericatch; and (d) your violation of any rights, including intellectual property rights, of a third party and otherwise as set out herein. Vericatch reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Vericatch and you agree to cooperate with Vericatch’s defense of these Claims. You agree not to settle any matter without the prior written consent of Vericatch. Vericatch will use reasonable efforts to notify you of any such Claims upon becoming aware of it.
Vericatch reserves the right at any time, and without cost, charge or liability, to terminate your access to the Service at its sole discretion for any reason, including, but not limited to, a failure to comply with the terms of this Policy. Vericatch reserves the right to modify, suspend or discontinue the Site and/or Service, or any portion thereof, at any time and for any reason, with or without notice.
If there is any dispute between you and Vericatch about or involving this Policy or your Agreement with Vericatch, the Site or the Service, you hereby agree that the dispute will be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, and the federal laws of Canada applicable therein without regard to its conflict of law provisions.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Policy or your Agreement with Vericatch.
Any dispute or claim between you and Vericatch arising out of or relating to this Policy or your Agreement with Vericatch, will be referred to and finally resolved by arbitration administered by the Vancouver International Arbitration Centre (VanIAC) pursuant to its applicable rules. The place of arbitration shall be Vancouver, British Columbia, Canada and the language of the arbitration shall be English. The number of arbitrators shall be one. Notwithstanding the foregoing, Vericatch may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction and you agree that this Policy or your Agreement with Vericatch is specifically enforceable by Vericatch through injunctive relief and other equitable remedies without proof of monetary damages. If any portion of this Policy or your Agreement with Vericatch is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Policy or your Agreement with Vericatch as a whole will not be deemed unlawful, void or unenforceable, but only that portion of this Policy or your Agreement with Vericatch that is unlawful, void or unenforceable will be stricken from this Policy or your Agreement with Vericatch.
You agree that if Vericatch does not exercise or enforce any legal right or remedy which is contained in the Policy (or which Vericatch has the benefit of under any applicable law), this will not be taken to be a formal waiver of Vericatch’s rights and that those rights or remedies will still be available to Vericatch.